Blog: Staff Reflections
February 20, 2018
Posted by Susan Farbstein and Tyler Giannini
We’ve got thrilling news today: After more than 10 years of litigation, our case, Mamani et al. v. Sánchez de Lozada and Sánchez Berzaín, is finally headed to trial. This is an historic event. It’s the first time a former head of state will stand trial in the U.S. for human rights abuses.
In less than two weeks, on March 5, the former President and Minister of Defense of Bolivia will stand trial in Federal District Court in Florida for their roles in a 2003 civilian massacre in Bolivia. And our clients will be in the courtroom to see it, and to testify.
We would not be here without the work of our partners, listed below, and dozens of clinical students who have contributed over the years, from fact-finding to drafting briefs to thinking strategically about how to move the case forward. Foremost among those students is Thomas Becker, JD ’08. This case started as a seed of an idea in his mind, and he has been working tirelessly on it ever since.
Most importantly, we want to thank our clients, who have kept their wounds open so this case could move forward on behalf of those they lost, and the many other Bolivians whose lives were irrevocably damaged by the actions of these defendants. They inspire us every day with the extraordinary courage and dedication they have shown at every step of this journey.
Please see below for the press release in English and Spanish.
U.S. Judge Orders Case Against Former Bolivian President for Role in 2003 Massacre to Proceed to Trial
Marks First Time in U.S. History a Former Head of State Will Sit Before Accusers in a Civil Human Rights Trial
February 20, 2018, Miami, FL – A federal judge has ruled that the former president of Bolivia and his minister of defense must face trial in the United States in a civil case alleging that the Bolivian military massacred more than 50 of its own citizens during a period of civil unrest in 2003. This is the first time that a former head of state will sit before his accusers in a civil human rights trial in a U.S. court. Last week, the judge rejected the defendants’ final effort to avoid trial (ruling English and Spanish), denying a motion filed by the former Bolivian president, Gonzalo Sánchez de Lozada, and his former defense minister, José Carlos Sánchez Berzaín, both of whom live in the United States. The trial will begin in the federal court in Fort Lauderdale on March 5, 2018.
“The former president and his minister of defense must now listen as we testify about what happened,” said Teófilo Baltazar Cerro, a member of the indigenous Aymara community of Bolivia, which led the protests where the government security forces opened fire. “We look forward to this historic opportunity to have our day in court.”
In Mamani v. Sánchez de Lozada and Sánchez Berzaín, as detailed in the Court’s February 14 order, the families of eight Bolivians killed filed suit against Sánchez de Lozada and Sánchez Berzaín, alleging that they planned the extrajudicial killings. The lawsuit alleges that, months in advance of the violence, the two defendants devised a plan to kill thousands of civilians, and intentionally used deadly force against political protests in an effort to quash political opposition. In addition to the deaths, more than 400 unarmed civilians were shot and injured.
In 2016, a U.S. appeals court held that the plaintiffs could proceed with their claims under the Torture Victim Protection Act (TVPA), which authorizes suits in U.S. federal court for extrajudicial killings. Sánchez de Lozada and Sánchez Berzaín then sought and were denied a review by the U.S. Supreme Court in 2017. After a review of the evidence gathered by both sides, District Court Judge James Cohn ruled on February 14 that the plaintiffs had presented sufficient evidence to proceed to trial.
“The trial will offer indigenous Aymara people, who have historically been excluded from justice, a chance to testify about events that led to dozens of deaths and hundreds of injuries,” said Beth Stephens, an attorney for the Plaintiffs (cooperating through the Center for Constitutional Rights).
The lawsuit alleges claims by nine plaintiffs including: Etelvina Ramos Mamani, whose eight-year-old daughter Marlene was killed in her mother’s bedroom when a single shot was fired through the window; Teofilo Baltazar Cerro, whose pregnant wife Teodosia was killed after a bullet was fired through the wall of a house; Felicidad Rosa Huanca Quispe, whose 69-year-old father Raul was shot and killed along a roadside; and Gonzalo Mamani Aguilar, whose father Arturo was shot and killed while tending his crops.
The family members are represented by a team of lawyers from the Center for Constitutional Rights, Harvard Law School’s International Human Rights Clinic, and the law firms of Akin, Gump, Strauss, Hauer & Feld, LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, and Akerman LLP. Lawyers from the Center for Law, Justice and Society (Dejusticia) are cooperating attorneys.
Chandra Hayslett, CCR, (212) 614-6458, email@example.com
Juez de los EE.UU. Ordena Que El Caso Contra el Ex-Presidente Boliviano Por Su Papel en la Masacre de 2003 Procederá a Juicio
Marca Primera Vez en La Historia de Estados Unidos Que Un Jefe De Estado Será Sometido a Un Juicio de Derechos Humanos Frente a Sus Acusadores
20 de febrero, Miami, Florida, Estados Unidos – Un juez federal de los Estados Unidos ha ordenado que el ex-presidente de Bolivia y su ministro de defensa serán sometidos a juicio en los EE.UU. en un caso civil alegando que el ejército Boliviano masacró a más de 50 de sus propios ciudadanos en un período de disturbios civiles en 2003. Será la primera vez que un ex-jefe de estado se sentará frente a sus acusadores en un juicio civil de derechos humanos en una corte en los Estados Unidos. La semana anterior, el juez rechazó el último esfuerzo de los acusados a evitar el juicio, negando una moción que presentaron Gonzalo Sánchez de Lozada, el ex-presidente de Bolivia, y su ex-ministro de defensa, José Carlos Sánchez Berzaín, los dos cuales viven en los EE.UU. El juicio comenzará en la corte federal en Fort Lauderdale, Florida el 5 de marzo de 2018.
“El ex-presidente y su ministro de defensa ahora tendrán que escuchar mientras testificamos sobre lo que pasó,” dijo Teófilo Baltazar Cerro, un miembro de la comunidad originaria Aymara, la cual dirigió las protestas donde las fuerzas de seguridad del gobierno abrieron fuego. “Esperamos esta oportunidad histórica para tener nuestro día en la corte.”
En el caso Mamani v. Sánchez de Lozada y Sánchez Berzaín, como se describe en la orden de la corte del 14 de febrero, las familias de ocho Bolivianos que fueron asesinados demandaron a Sánchez de Lozada y Sánchez Berzaín, alegando que planificaron las matanzas extrajudiciales. La demanda alega que, meses antes de la violencia, los dos acusados idearon un plan para matar a miles de civiles, e intencionalmente usaron fuerza letal en contra de las protestas políticas para reprimir la oposición política. Encima de las muertes, se disparó a más de 400 civiles desarmados que salieron heridos.
En 2016, una corte de apelación de los Estados Unidos sostuvo que los demandantes pudieron seguir con sus reclamaciones bajo el Acto de Protección para Las Víctimas de Tortura (TVPA por sus siglas en ingles), lo cual autoriza casos en el tribunal federal de Estados Unidos para matanzas extrajudiciales. Sánchez de Lozada y Sánchez Berzaín luego pidieron que la Corte Suprema de Estados Unidos tomara el caso, y fueron negados. Después de revisar la evidencia colectada de los dos lados, el Juez de la Corte del Distrito James Cohn ordenó el 14 de febrero que los demandantes habían presentado suficiente evidencia para seguir al juicio.
“Este juicio ofrecerá al pueblo Aymara, que históricamente ha sido excluida de la justicia, una oportunidad para testificar sobre los eventos que resultaron en docenas de muertes y cientos de heridas,” dijo Beth Stephens, una abogada para los demandantes, cooperando con el Centro de Derechos Constitucionales (Center for Constitutional Rights).
La demanda alega reclamaciones de nueve demandantes incluyendo: Etelvina Ramos Mamani, cuya hija de ocho años Marlene fue asesinada en el dormitorio de su madre cuando una sola bala fue disparado a través de la ventana; Teofilo Baltazar Cerro, cuya esposa embarazada Teodosia fue asesinada cuando se disparó una bala a través de la pared de una casa; Felicidad Rosa Huanca Quispe, cuyo padre de 69 años fue asesinado a tiros al lado de una carretera; y Gonzalo Mamani Aguilar, cuyo padre Arturo fue asesinado a tiros mientras cuidaba sus cultivos.
Los familiares son representados por un equipo de abogados del Centro de Derechos Constitucionales, La Clínica de Derechos Humanos Internacionales de la Facultad de Derecho de Harvard, y los bufetes de abogados Akin, Gump, Strauss, Hauer & Feld, LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, y Akerman LLP. Abogados de la organización Dejusticia son abogados cooperantes.
Chandra Hayslett, CCR, (212) 614-6458, firstname.lastname@example.org
December 20, 2017
The Nobel Peace Prize Celebrations: Recognition and Reinvigoration for Humanitarian Disarmament Advocates
Posted by Bonnie Docherty
On December 10, 2017, at 1 p.m., uniformed musicians on the grand staircase of Oslo City Hall brought their gleaming trumpets to their lips and the audience to its feet. The clarion salute they sounded heralded the arrival of the king and queen of Norway and a new era of nuclear disarmament.
In front of dignitaries, diplomats, and dozens of civil society campaigners, myself included, the International Campaign to Abolish Nuclear Weapons (ICAN) received this year’s Nobel Peace Prize.
The award honors ICAN for having “given the efforts to achieve a world without nuclear weapons a new direction and new vigour.” In particular, the prize recognizes the civil society coalition’s “ground-breaking” work to realize a treaty banning nuclear weapons.
More than 70 years after the dropping of atomic bombs on Hiroshima and Nagasaki, the 2017 Treaty on the Prohibition of Nuclear Weapons makes clear that nuclear weapons are illegal as well as immoral and increases the stigma against them. It also shows that real progress in nuclear disarmament is possible.
I had the honor of attending the Nobel ceremony as part of ICAN’s delegation because, along with Clinical Instructor Anna Crowe and a team from the International Human Rights Clinic, I partnered closely with ICAN during last summer’s treaty negotiations. We provided legal advice and successfully lobbied for obligations to address the humanitarian and environmental harm caused by nuclear weapons.
I can best describe my four days in Oslo as magical. In addition to the ceremony, the celebrations included a torchlight parade, a concert in ICAN’s honor, and the opening of a museum exhibition on the coalition. Nobel Peace Prize banners hung from street lamps on the city’s main boulevard, and the lights on a Ferris wheel alternated flashing the Nobel medal and the ICAN logo.
The experience was made all the more meaningful because I shared it with friends from around the world with whom I’ve advocated for humanitarian disarmament for more than 15 years.
The genesis of the nuclear weapon ban treaty exemplifies the power of a humanitarian approach to disarmament. After the 1996 adoption of the Comprehensive Nuclear-Test-Ban Treaty, there was minimal progress in advancing the law on nuclear weapons; international discussions continued but produced no tangible results.
In 2010, ICAN and other proponents of a new treaty began to reframe nuclear weapons as a humanitarian, rather than national security, issue. Publications from ICAN and its member organizations highlighted the horrific harm caused by use and testing. A resolution from the International Red Cross and Red Crescent Movement called for using “the framework of humanitarian diplomacy” to work toward a treaty prohibiting nuclear weapons. In 2015, 127 states endorsed the “Humanitarian Pledge,” committing “to promote the protection of civilians against risks stemming from nuclear weapons” and to strive for a world free of nuclear weapons.
This shift in the debate broke the international deadlock. The following year, the UN General Assembly passed a resolution to initiate treaty negotiations, and on July 7, 2017, 122 states adopted a global ban on nuclear weapons. Only one country voted against, and one abstained.
As I explained at a legal seminar held during the Nobel celebrations, the influence of humanitarian disarmament is evident in the treaty’s text as well as the process behind it. The preamble recognizes the overwhelming human and environmental consequences of the weapons, and acknowledges the disproportionate impact on women and girls and indigenous peoples. Continue Reading…
October 26, 2017
Posted by Bonnie Docherty
Although I never met Carl Thorne-Thomsen, I’ve known about him for as long as I can remember.
I distinctly recall driving down the road to my grandparents’ home in Lake Forest, IL, as my mother told me about her close high school friend who had died in Vietnam. Carl had opposed the war, she explained, but he felt it was unjust for him to be sheltered from the draft while others with less privilege were sent to fight in Southeast Asia. In a quiet act of protest, he withdrew from Harvard College during his junior year and was drafted in April 1967. Two months after arriving in Vietnam, and 50 years ago this week, he was killed in combat.
Although I was in elementary school at the time of this conversation, Carl’s decision to live—and die—by his principles made a vivid impression on me. Decades later, having spent most of my career on issues of armed conflict, I still find myself compelled. The 50th anniversary of his death motivated me to track down more information through archives and interviews and to write a Vita for Harvard Magazine’s September/October issue.
Carl’s story demonstrates the power of an individual to have a lasting impact. Virtually everyone I interviewed used the word “special” to describe him. Crew teammates and fellow soldiers alike cited the strength of character Carl showed in standing up against the inequity of the draft. On the battlefield, his bravery as a radio operator saved lives. Several Harvard classmates said they had sought out Carl’s name on the Vietnam Wall, and for decades, his commanding officer carried with him a letter Carl’s mother sent after she received the news of his death. An unexpected reward of doing my story was to share with his still grieving family how others remembered him.
My own admiration for Carl has only grown as I have done more research and talked with people who knew him personally. He made sacrifices for his principles yet did so in private way. Many of his classmates and comrades-in-arms did not know until recently how a Harvard student ended up as an enlisted man in Vietnam. Carl hated injustice, and whether on campus or in a combat zone, he treated everyone with the same respect. In the end, he left a legacy of courage and character that remains an inspiration.
September 12, 2017
Posted by Anna Crowe, Yee Htun, Salma Waheedi, Tyler Giannini and Susan Farbstein
As human rights advocates, we support the student groups Lambda and QTPOC (Queer and Trans People of Color) in their action today against Harvard Law School’s decision to allow JAG recruiting on campus, which is the school’s only exception to its anti-discrimination policy. We also support the students’ call for increased support and awareness for issues affecting the transgender, non-binary and gender non-conforming community. We stand in solidarity with the students, staff and faculty seeking to build a more inclusive Harvard Law School.
Read the students’ statement here.
April 7, 2017
Because we believe that every month should include an International Women’s Day, we’re celebrating it again this month by sharing videos from last month’s official celebration at HLS. Either that, or we got caught up in other things around the Human Rights Program and neglected to post these videos in a timely manner.
If you visit our account on YouTube, you’ll find the following powerful testimonies offered by: Doris Rena-Landaveirde, union leader and member of the HLS custodial staff; our very own Susan Farbstein, Co-Director, International Human Rights Clinic; Aparna Gokhale, JD ’17; Radhika Chitkara, LLM ’17; . and Esme Caramello, Faculty Director, Harvard Legal Aid Bureau. Deborah Anker, Director, Harvard Immigration and Refugee Clinical Program, also spoke but unfortunately we’re missing that video.
Thanks to the powerhouse women below- Yee Htun, Clinical Advocacy Fellow; Anna Crowe, Clinical Instructor; and Emily Nagisa Keehn, Assistant Director of the Academic Program- for organizing this event that drew more than 100 students, staff and faculty to Belinda Hall on March 8. Thanks also to the women who stood in front of that community and inspired and energized us with their words. And thanks finally to all the women we know- and the billions we do not- who have pushed for change, in whatever way they can, so that we are stronger and more secure and ready to push for MORE.
March 20, 2017
Posted by Cara Solomon
Just the other day, we said goodbye to one of the gentlest souls on the Harvard Law School Campus: Maureen Corrigan, HRP’s longtime financial manager, is headed to family and a new job in California.
Over the course of her years at HRP, Maureen navigated the increasingly complicated finances of a program that works not only with dozens of students and staff every year, but with visitors from around the world. It was not an easy job.
The receipts alone would have done a lesser person in. They came to her ripped and wrinkled from around the world: scraps of paper with words written in Arabic, in Thai, in Bosnian, in illegible English. Maureen took them by the handful and calmly proceeded to trace them back to something expense-able, like dinner.
Certainly, there were predictable rhythms to her job, like the demands of budget season. But it was not uncommon to pass by her office, and hear the whirring and clacking of Maureen’s old-fashioned calculator as she tackled a problem one of us had dropped in her lap that day. With a plea that she solve it as soon as possible. While we panicked down the hall.
She always did, and in a way that put all of us at ease.
Mostly she did it with humor. Always she did it with heart.
It was no accident that Maureen volunteered to organize the birthday celebrations for everyone in the office. She was that kind of considerate. She knew the names of the people and the pets we loved. She asked after them, and after us, and offered hugs when we didn’t even know we needed them.
This is why, in the great East Coast/West Coast rivalry, none of us is pleased to cede Maureen to California. But she’s headed there for a job in the financial department of Chapman University, which happens to be exactly three blocks from her new house, where she will live with her husband, her two dogs, and her college senior son.
We wish her all the happiness she’s given us through the years, along with the very best luck life has to give.
March 15, 2017
Posted by Bonnie Docherty
The humanitarian disarmament community lost a legend last week. Bob Mtonga, a medical doctor and long-time activist, died in his native Zambia shortly after returning from one of countless international trips to promote the protection of civilians in armed conflict. He was just 51.
Bob was a much-loved leader in the field of humanitarian disarmament, which seeks to end civilian suffering caused by indiscriminate and inhumane weapons. He campaigned for strong international law on nuclear weapons, and landmines, and cluster munitions, and the arms trade. He served on the leadership committees of several civil society coalitions and had been co-president of International Physicians for the Prevention of Nuclear War (IPPNW).
In less than two weeks, the UN General Assembly will begin negotiating a treaty to ban nuclear weapons. This coming September marks the 20th anniversary of the adoption of the Mine Ban Treaty. Next year is the 10th anniversary of the Convention on Cluster Munitions. Bob contributed to each of these milestones. His absence at the nuclear negotiations and anniversary celebrations will be deeply felt.
While making international law is often a slow process, nothing would ever deter Bob from working to improve the world. One friend wrote after his death, “Wherever we all go from this place, we can be sure that since Bob has preceded us he is already organizing it to be a better place.”
I met Bob more than a decade ago during the Oslo Process, which produced the Convention on Cluster Munitions. I came to know dozens of civil society advocates during those negotiations, but Bob immediately stood out as a campaigner and a personality. Continue Reading…
February 7, 2017
Evan Mawarire, of the #ThisFlag Movement, Should Be Immediately Released by the Government of Zimbabwe
Posted by Susan Farbstein
Update: Thankfully, since this post was published, Evan Mawarire has been released.
Back in November, I was pleased to moderate a conversation with pastor Evan Mawarire, the leader of the #ThisFlag movement, which in 2016 channeled citizens’ frustrations into large-scale protests against corruption, human rights abuse, and economic decline in Zimbabwe. It was therefore deeply distressing to learn that he was arrested last Wednesday at Harare International Airport when he returned to the country. He continues to be held at Harare Central Police Station.
Mawarire was initially charged with subverting a constitutionally-elected government and was expected to appear in court for a hearing and the opportunity to make bail. However, additional charges of insulting the Zimbabwean flag and inciting violence were added in an apparent attempt to prolong his detention and suppress his cause. He is expected back in court on February 17. If the case proceeds to trial he could face 20 years in prison.
Mawarire was previously arrested for treason last July. After thousands protested outside the courthouse, the charges were dismissed and he was released. He left soon after for South Africa and, subsequently, the United States, fearing for his safety.
Zimbabwe’s criminal justice system should not be used to intimidate citizens who speak out against abuse or target activists who organize peaceful resistance. Mawarire should be released and the charges against him dropped.
February 6, 2017
Fernando Ribeiro Delgado, Former Senior Clinical Instructor, Becomes Scholar in Residence at NYU Law
Posted by Cara Solomon
As the spring semester gets underway at HRP, we’re already missing the fellowship and expertise of one of our colleagues: Fernando Ribeiro Delgado, JD ’08, Senior Clinical Instructor and Lecturer on Law, is now a Scholar in Residence at New York University School of Law.
Simply put, this is a big loss for us. Fernando is an expert on criminal justice in Brazil, which has one of the world’s worst records on mass incarceration. His clinical work went wide and deep; his teams used strategies ranging from litigation to fact-finding to negotiating with government officials to launching media campaigns.
Beyond the rigor and innovation that was the hallmark of Fernando’s work, there was another distinguishing factor: it was always collaborative. Throughout his seven years at the Clinic, he worked closely with local partners whom he considered not just colleagues but mentors: Justiça Global, Serviço Ecumênico de Militância nas Prisões, Pastoral Carcerária, and Comissão Justiça e Paz. He also nurtured relationships with prisoners’ families, corrections officials, and members of the media.
Most importantly, as described in the Harvard Law Bulletin last year, Fernando treated people who were incarcerated the way he treated everyone else: with kindness.
At NYU, Fernando will explore the link between state violence and corruption, a link he first documented with Justiça Global in the high-profile, book-length report, “São Paulo under Extortion: Corruption, Organized Crime, and Institutional Violence in May 2006.” That joint report, the culmination of a five-year investigation, explored the role of corruption in a series of coordinated uprisings in detention centers and attacks on police and public buildings that left 43 state officials and hundreds of civilians dead. The report also documented the wave of reprisal attacks by police, including extrajudicial killings of people they suspected of having arrest records—in many cases profiling victims’ youth, skin color, tattoos and presence on the streets of a poor neighborhood at night.
During his time in the Clinic, Fernando tackled a range of criminal justice issues in Brazil. His clinical team contributed comparative and international law research to a workshop that culminated with federal prosecutors filing the first-ever criminal charges for dictatorship-era human rights crimes. A case he argued before the Inter-American Court of Human Rights (the Court) led to an investigation into juvenile justice system abuses, one which ultimately brought down an alleged corruption ring at the highest levels of state government.
He spent the great majority of his time, though, addressing rampant over-incarceration and abuse in prisons. Continue Reading…
December 21, 2016
Posted by Fernando Ribeiro Delgado
Inter-American Court of Human Rights Critiques “Over-Incarceration” and Prison Building in Brazil
Landmark Aníbal Bruno (Curado) Prison Complex Rulings Also Innovate on Rights of LGBT Prisoners; Prisoners with Disabilities; and Anti-Corruption Measures
Sounding the alarm on mass incarceration, the Inter-American Court of Human Rights recently ordered officials in Brazil to adopt an emergency plan to reduce overcrowding at the abusive Aníbal Bruno (Curado) Prison Complex in Recife, Pernambuco. Noting that it “shared the concern expressed by several Brazilian authorities…with respect to the tendency toward ‘over-incarceration’ [‘super encarceramento’] witnessed over the past decade throughout the country, and with particular intensity in Pernambuco,” the Court also demanded other measures that can promote decarceration. These include the hiring of public defenders and the listing of the legal grounds for the detention of each prisoner at the Complex.
Currently, the Complex holds some 7,000 men in space designated for less than 2,000. The Court gave the state 90 days to comply, with Brazil’s federal prosecutor’s office (Ministério Público Federal – MPF) tapped to monitor implementation.
The ruling marks a major advance for the civil society petitioning coalition comprised of the Serviço Ecumênico de Militância nas Prisões – SEMPRI, Pastoral Carcerária, Justiça Global, and the International Human Rights Clinic. For years, the coalition has urged authorities to redress overcrowding through decarceration measures. Brazil today has the world’s fourth largest prison population, with over 600,000 detained. In its resolution, the Court warned that “until the tendency [toward over-incarceration] is reversed,” state policies promoting prison construction “will not be sufficient” to deal with the problem.
There is growing recognition in Brazil that its turn toward mass incarceration is unwise and unsustainable. Earlier this year the head of Brazil’s federal penitentiary department (Departamento Penitenciário Federal – DEPEN) declared, “incarceration does not reduce criminality.” Over the past 25 years, the country has seen a 575 percent increase in the prison population.
The Court’s decision also innovated on other legal issues. Pointing to a wave of sexual violence and other abuses against LGBT persons at the prison Complex, the Court ordered the state to “adopt specific measures to protect the personal integrity and life of groups in situations of vulnerability.” Other novel points of the decision include measures protecting the rights of prisoners with disabilities and a demand for evidence demonstrating the existence of judicial oversight of the prison. Continue Reading…